B-44098, SEPTEMBER 9, 1944, 24 COMP. GEN. 210

B-44098: Sep 9, 1944

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WHO IS IN A TRAVEL STATUS AWAY FROM HEADQUARTERS IS ENTITLED TO HIS REGULAR COMPENSATION FOR TRAVEL TIME DURING HIS USUAL HOURS OF WORK ON A REGULAR WORKDAY OF HIS 5-DAY WEEKLY TOUR OF DUTY. WHO IS IN A TRAVEL STATUS AWAY FROM HEADQUARTERS IS ENTITLED TO OVERTIME COMPENSATION FOR ANY PERIOD OF "LABOR". PERFORMS BOTH ACTUAL WORK AND TRAVEL ON A DAY OUTSIDE OF HIS 5-DAY WEEKLY TOUR OF DUTY IS ENTITLED TO REGULAR OR OVERTIME COMPENSATION. IS APPLICABLE PROSPECTIVELY ONLY. IS FOR COMPUTATION IN ACCORDANCE WITH THE RULE IN 14 COMP. ARE PAYABLE FOR NOT IN EXCESS OF 8 HOURS OF TRAVEL TIME ON SATURDAY. 1944: I HAVE YOUR LETTER OF AUGUST 24. WAS DIRECTED BY THE FIELD OFFICE AT NEW YORK TO PROCEED TO LITTLE GULL ISLAND LIGHT STATION FOR THE PURPOSE OF INVESTIGATING THE CONDITION OF RADIO BEACON EQUIPMENT AT THAT POINT.

B-44098, SEPTEMBER 9, 1944, 24 COMP. GEN. 210

FORTY-HOUR WEEK EMPLOYEES - REGULAR AND OVERTIME COMPENSATION WHILE IN TRAVEL STATUS AN EMPLOYEE SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, WHO IS IN A TRAVEL STATUS AWAY FROM HEADQUARTERS IS ENTITLED TO HIS REGULAR COMPENSATION FOR TRAVEL TIME DURING HIS USUAL HOURS OF WORK ON A REGULAR WORKDAY OF HIS 5-DAY WEEKLY TOUR OF DUTY, BUT NOT FOR ANY TRAVEL TIME THEREAFTER ON SUCH A DAY. AN EMPLOYEE SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, WHO IS IN A TRAVEL STATUS AWAY FROM HEADQUARTERS IS ENTITLED TO OVERTIME COMPENSATION FOR ANY PERIOD OF "LABOR"--- AS DISTINGUISHED FROM TRAVEL--- BEYOND HIS 40-HOUR WEEKLY TOUR OF DUTY, WHETHER SUCH LABOR BE PERFORMED ON A NON-WORKDAY OR DURING HOURS OUTSIDE OF HIS DAILY TOUR OF DUTY ON A REGULAR WORKDAY. AN EMPLOYEE SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, WHO, WHILE IN A TRAVEL STATUS, PERFORMS BOTH ACTUAL WORK AND TRAVEL ON A DAY OUTSIDE OF HIS 5-DAY WEEKLY TOUR OF DUTY IS ENTITLED TO REGULAR OR OVERTIME COMPENSATION, AS THE CASE MAY BE, FOR TRAVEL PERFORMED DURING THE 8 HOURS CORRESPONDING TO THOSE OF HIS REGULAR TOUR OF DUTY, ONLY, AND TO NO COMPENSATION FOR TRAVEL PERFORMED AFTER SUCH HOURS--- THUS REQUIRING THAT THE MAXIMUM OF 8 HOURS FOR WHICH COMPENSATION WOULD BE PAYABLE AS FOR TRAVEL TIME BE REDUCED BY THE NUMBER OF HOURS' ACTUAL WORK PERFORMED DURING THE HOURS CORRESPONDING TO THE REGULAR TOUR OF DUTY. THE RULE STATED IN DECISION OF AUGUST 3, 1944, B-43439, 24 COMP. GEN. 65, WITH RESPECT TO PAYMENT OF OVERTIME COMPENSATION TO EMPLOYEES SUBJECT TO THE 40-FOUR WEEK STATUTE OF MARCH 28, 1934, FOR TRAVEL TIME ON SATURDAY, THE "OVERTIME" DAY OF THE WORKWEEK UNDER PRESENT WORK SCHEDULES, IS APPLICABLE PROSPECTIVELY ONLY, AND, THEREFORE, COMPENSATION FOR TRAVEL TIME ON A SATURDAY PRIOR TO AUGUST 3, 1944, IS FOR COMPUTATION IN ACCORDANCE WITH THE RULE IN 14 COMP. GEN. 907 UNDER WHICH REGULAR RATES OF COMPENSATION, ONLY, ARE PAYABLE FOR NOT IN EXCESS OF 8 HOURS OF TRAVEL TIME ON SATURDAY.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, SEPTEMBER 9, 1944:

I HAVE YOUR LETTER OF AUGUST 24, 1944, AS FOLLOWS:

ON APRIL 21, 1944, JOSEPH A. WOMBACHER, EMPLOYED AS ELECTRICIAN SNAPPER ( RADIO) AT THE U.S. COAST GUARD BASE, ST. GEORGE, STATEN ISLAND, N.Y., WITH PAY AT THE RATE OF $10.88 PER DIEM, WAS DIRECTED BY THE FIELD OFFICE AT NEW YORK TO PROCEED TO LITTLE GULL ISLAND LIGHT STATION FOR THE PURPOSE OF INVESTIGATING THE CONDITION OF RADIO BEACON EQUIPMENT AT THAT POINT, WHICH HAD BEEN DAMAGED BY FIRE, AND TO RETURN TO THE BASE AT ST. GEORGE, NEW YORK, TO ASSEMBLE THE NECESSARY EQUIPMENT AND PROCEED AS NECESSARY BETWEEN THE BASE AT ST. GEORGE AND LITTLE GULL ISLAND LIGHT STATION TO MAKE TEMPORARY INSTALLATION OF RADIO BEACON EQUIPMENT. UPON COMPLETION OF THE ASSIGNMENT, WOMBACHER WAS DIRECTED TO RETURN TO THE COAST GUARD BASE AT ST. GEORGE, STATEN ISLAND, N.Y., FOR RESUMPTION OF REGULAR DUTY.

WHILE MR. WOMBACHER'S REGULAR TOUR OF DUTY UNDER THE 40-HOUR WEEK ACT OF MARCH 28, 1934, WAS 8 HOURS A DAY, 8:00 A.M. TO 4:30 P.M. (INCLUDING THE ONE-HALF HOUR LUNCH PERIOD), FROM MONDAY TO FRIDAY, INCLUSIVE, HE HAD BEEN ADMINISTRATIVELY ORDERED, SINCE THE BEGINNING OF THE WAR EMERGENCY, TO WORK FROM MONDAY TO SATURDAY, INCLUSIVE, OR 48 HOURS A WEEK. HOWEVER, IF HE WORKS FULL TIME EACH DAY, HIS NORMAL WORK WEEK OF 40 HOURS IS COMPLETED AT THE CLOSE OF FRIDAY AND THE HOURS WORKED IN EXCESS OF 40 A WEEK, USUALLY ONLY EIGHT HOURS ON SATURDAY, ARE COMPENSATED FOR AT THE RATE OF TIME AND ONE-HALF, AS PROVIDED INSECTION 23 OF THE ACT OF MARCH 28, 1934 (48 STAT. 522).

ON THE OCCASION IN QUESTION MR. WOMBACHER HAD COMPLETED 32 HOURS OF WORK AT THE CLOSE OF THURSDAY, APRIL 20, 1944, BEFORE HE WAS ORDERED ON THE SPECIAL ASSIGNMENT. HIS TRAVEL AND WORK STATUS, BEGINNING APRIL 21, 1944, IS SHOWN IN THE EXPLANATORY DETAIL IN THE LEFT-HAND MARGIN BELOW, TOGETHER WITH A TABULATION OF THE HOURS WHICH ARE CONSIDERED REGULAR TIME WHILE IN A TRAVEL OR WAITING STATUS TO BE COMPENSATED FOR AT THE REGULAR RATE, AND LABOR TIME, THE LATTER TO BE COMPENSATED FOR AT THE RATE OF TIME AND A HALF.

(TABULATION OMITTED)

LESS LUNCH AND DINNER

IN THE COMPTROLLER GENERAL'S DECISION OF JUNE 18, 1935 (14 COMP. GEN. 907), IT WAS HELD (QUOTING FROM THE SYLLABI):

"THE OVERTIME FOR WHICH COMPENSATION AT THE RATE OF TIME AND ONE HALF TIME IS AUTHORIZED BY SECTION 23, OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ESTABLISHING THE 40-HOUR WEEK, HAS REFERENCE TO TIME IN EXCESS OF 40 HOURS A WEEK DURING WHICH THE EMPLOYEE IS ENGAGED IN LABOR. NO LABOR IS PERFORMED DURING PERIODS OF TRAVEL BETWEEN DUTY STATIONS AND HEADQUARTERS AND ACCORDINGLY DURING OFFICIAL TRAVEL TIME THE EMPLOYEE IS LIMITED TO PAY AT THE BASIC RATE PER HOUR FOR NOT TO EXCEED 8 HOURS PER DAY.'

IT IS THE UNDERSTANDING OF THE NAVY DEPARTMENT THAT UNDER THE HOLDING IN THE ABOVE CITED DECISION, AN EMPLOYEE MAY BE PAID AT THE REGULAR RATE OF PAY FOR NOT TO EXCEED 8 HOURS ON A NON-WORK DAY WHILE TRAVELING UNDER ORDERS, BUT THAT HE IS NOT ENTITLED TO BE COMPENSATED AT TIME AND A HALF FOR THE HOURS DURING WHICH LABOR, AS DISTINGUISHED FROM TRAVEL OR WAITING TIME, WAS PERFORMED.

YOUR DECISION IS REQUESTED AS TO WHETHER THE ANALYSIS SUBMITTED BY THE COMMANDANT OF THE COAST GUARD IN THE CASE OF WOMBACHER IS ACCURATE, IN VIEW OF THE FACT THAT SATURDAY AND SUNDAY FOR THIS PER DIEM EMPLOYEE ARE NON-WORKDAYS UNDER THE TOUR OF DUTY ADMINISTRATIVELY ESTABLISHED PURSUANT TO THE 40-HOUR WEEK LAW AS CONTAINED IN SECTION 23 OF THE ACT OF MARCH 28, 1934, SUPRA.

THE DECISION OF JUNE 18, 1935, 14 COMP. GEN. 907, ONE OF THE PARAGRAPHS OF THE SYLLABUS OF WHICH IS QUOTED IN YOUR LETTER, HELD, SO FAR AS HERE MATERIAL (QUOTING FROM THE BODY OF THE DECISION) AS FOLLOWS:

SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ESTABLISHING THE 40-HOUR WEEK CONTAINS THE FOLLOWING PROVISO:

"* * * PROVIDED, THAT THE REGULAR HOURS OF LABOR SHALL NOT BE MORE THAN FORTY PER WEEK; AND ALL OVERTIME SHALL BE COMPENSATED FOR AT THE RATE OF NOT LESS THAN TIME AND ONE-HALF.'

THE OVER-TIME FOR WHICH THE STATUTE AUTHORIZES TIME AND ONE-HALF HAS REFERENCE TO TIME IN EXCESS OF 40 HOURS PER WEEK DURING WHICH THE EMPLOYEE IS ENGAGED IN "LABOR.' DURING THE TIME THIS EMPLOYEE WAS TRAVELING BETWEEN HIS TEMPORARY DUTY STATION AND HEADQUARTERS HE WAS NOT ENGAGED IN LABOR, EVEN THOUGH IN A DUTY AS DISTINGUISHED FROM A NONPAY STATUS, AND ACCORDINGLY TIME SPENT ON SUCH TRIPS SHOULD BE ELIMINATED WHEN COMPUTING HOURS OF LABOR FOR OVER-TIME PAY PURPOSES, THE EMPLOYEE BEING ENTITLED FOR SUCH OFFICIAL TRAVEL TIME TO PAY AT THE BASIC RATE PER HOUR FOR NOT TO EXCEED 8 HOURS IN ANY ONE DAY, TOGETHER WITH PER DIEM IN LIEU OF SUBSISTENCE, AS STATED ABOVE, EVEN THOUGH THE TIME ACTUALLY SPENT ON OFFICIAL TRAVEL MAY EXCEED 8 HOURS. * * *

UNDER THAT DECISION AN EMPLOYEE WHOSE COMPENSATION IS REQUIRED TO BE COMPUTED AND PAID PURSUANT TO THE ACT OF MARCH 28, 1934, IS ENTITLED TO ONLY REGULAR COMPENSATION, RATHER THAN TO OVERTIME COMPENSATION, FOR TRAVEL TIME ON A NON-WORKDAY--- SATURDAY OR SUNDAY--- FOR THE MAXIMUM OF 8 HOURS CORRESPONDING TO THE EMPLOYEE'S REGULAR DAILY TOUR OF DUTY ON WORK DAYS, WHICH IN THE CASE HERE PRESENTED, IS FROM 8 A.M. TO 4:30 P.M. WITH ONE-HALF HOUR OFF FOR LUNCH. NEITHER THAT DECISION NOR ANY OTHER DECISION OF THIS OFFICE HAS STATED SPECIFICALLY THE RULES FOR COMPUTING THE COMPENSATION OF SUCH CLASS OF EMPLOYEES FOR TRAVEL TIME AND FOR ACTUAL "LABOR" PERFORMED WHILE IN A TRAVEL STATUS AWAY FROM OFFICIAL HEADQUARTERS EITHER ON WORK-DAYS OR NON-WORKDAYS. CF. 21 COMP. GEN. 724; 22 ID. 105, 636; DECISION OF AUGUST 3, 1944, B-43439, 24 COMP. GEN. 65.

FRIDAY, APRIL 21, 1944, WAS, IN THE CASE HERE PRESENTED, A REGULAR WORKDAY FOR WHICH REGULAR COMPENSATION WAS PAYABLE REGARDLESS OF WHETHER THE EMPLOYEE TRAVELED OR ACTUALLY WORKED DURING HIS REGULAR DAILY TOUR OF DUTY FROM 8 A.M. TO 4:30 P.M. WITH ONE-HALF HOUR OFF FOR LUNCH. HENCE, THE EMPLOYEE WAS ENTITLED TO 8 HOURS REGULAR COMPENSATION FOR THAT DAY, AS STATED BY THE COMMANDANT OF THE COAST GUARD. THE ADDITIONAL TRAVEL TIME ON THAT DAY AFTER 4:30 P.M. PROPERLY WAS ELIMINATED FOR THE PURPOSE OF COMPUTING COMPENSATION.

IN REGARD TO THE ADMINISTRATIVE COMPUTATION FOR SATURDAY, APRIL 22, 1944, IT MAY BE REPEATED THAT THE DECISION OF JUNE 18, 1935, 14 COMP. GEN. 907, MERELY HELD THAT TRAVEL TIME WAS NOT "LABOR" WITHIN THE MEANING OF THE 1934 LAW, AND THAT SAID DECISION DID NOT INTEND TO NEGATIVE PAYMENT OF OVERTIME COMPENSATION FOR ACTUAL "LABOR" BEYOND THE EMPLOYEE'S REGULAR 40- HOUR WEEKLY TOUR OF DUTY WHILE HE IS IN A TRAVEL STATUS AWAY FROM HIS OFFICIAL STATION AS THE STATEMENT IN THE PENULTIMATE PARAGRAPH OF YOUR LETTER WOULD APPEAR TO INDICATE WAS YOUR UNDERSTANDING. BASED UPON THE DECISION AS A WHOLE, THE NATURAL INFERENCE TO BE DRAWN THEREFROM IS THAT FOR ANY PERIOD OF "LABOR" BEYOND THE REGULAR 40-HOUR WEEKLY TOUR OF DUTY, AN EMPLOYEE IS ENTITLED TO OVERTIME COMPENSATION IT BEING IMMATERIAL WHETHER SUCH "LABOR" WAS PERFORMED AT HEADQUARTERS OR WHILE IN A TRAVEL STATUS AWAY FROM HEADQUARTERS. THUS, PURSUANT TO THE RULE STATED IN SAID DECISION, AS ABOVE EXPLAINED, THE EMPLOYEE HERE INVOLVED WAS ENTITLED ONLY TO REGULAR COMPENSATION, RATHER THAN TO OVERTIME COMPENSATION, FOR TRAVEL TIME ON SATURDAY, APRIL 22, 1944, FOR THE TRAVEL PERFORMED DURING THE HOURS OF THE DAY CORRESPONDING TO HIS REGULAR TOUR OF DUTY ON WORKDAYS- - 8 A.M. TO 4:30 P.M. CF. 22 COMP. GEN. 636. IF, AS HERE, AN EMPLOYEE ACTUALLY WORKS (PERFORMS LABOR) DURING THE PORTION OF SAID 8 HOURS, OR BEFORE 8 A.M. OR AFTER 4:30 P.M., WHILE IN A TRAVEL STATUS AWAY FROM HEADQUARTERS, HE IS ENTITLED TO COMPENSATION AT OVERTIME RATE FOR THE TIME ACTUALLY WORKED (LABORED), BUT THE TIME ACTUALLY WORKED ON A NON WORKDAY DURING REGULAR HOURS OF DUTY--- 8 A.M. TO 4:30 P.M.--- FOR WHICH HE RECEIVED OVERTIME COMPENSATION, OF COURSE, MUST BE DEDUCTED FROM THE 8 HOURS FOR WHICH REGULAR COMPENSATION OTHERWISE WOULD HAVE BEEN PAYABLE WHILE TRAVELING ON THE NON-WORKDAY. HENCE, THE COMMANDANT OF THE COAST GUARD IS IN ERROR IN CREDITING THE EMPLOYEE 3 HOURS (4:30 P.M. TO 7:30 P.M.) TRAVEL TIME FOR REGULAR COMPENSATION IN ADDITION TO THE "LABOR" TIME ACTUALLY PERFORMED DURING THE EMPLOYEE'S REGULAR HOURS OF WORK. FOR ANY PERIOD DURING WHICH "LABOR" ACTUALLY WAS PERFORMED BY THE INVOLVED EMPLOYEE ON A NONWORKDAY WHILE IN A TRAVEL STATUS EITHER BEFORE OR AFTER THE REGULAR HOURS OF DUTY--- 8 A.M. TO 4:30 P.M.--- THE EMPLOYEE WAS ENTITLED TO OVERTIME COMPENSATION.

IT IS ASSUMED FOR THE PURPOSE OF THIS DECISION THAT THE PERIODS OF WORK (LABOR) STATED BY THE COMMANDANT OF THE COAST GUARD ARE CORRECT, THAT IS, THIS OFFICE DOES NOT QUESTION THAT THE WORK OF INSPECTION, CHECKING MATERIALS, ETC., ACTUALLY PERFORMED BY THE EMPLOYEE WAS "LABOR" WITHIN THE MEANING OF THE 1934 STATUTE, SUCH A DETERMINATION BEING PRIMARILY AN ADMINISTRATIVE MATTER.

HENCE, FOR SATURDAY, APRIL 22, 1944, THE INVOLVED EMPLOYEE IS ENTITLED TO REGULAR COMPENSATION FOR TRAVEL TIME FROM 8 A.M. TO 10 A.M; FROM 1 P.M. TO 2 P.M., AND FROM 2:50 P.M. TO 4:30 P.M., A TOTAL OF 4 HOURS AND 40 MINUTES (4 1/2 HOURS), AND TO OVERTIME COMPENSATION FOR ACTUAL WORK (LABOR) FROM 10 A.M. TO 1 P.M., FROM 2 P. M. TO 2:50 P.M., FROM 7:30 TO 10:30 P.M., A TOTAL OF 6 HOURS 50 MINUTES (6 3/4 HOURS/--- THERE HAVING BEEN DROPPED FRACTIONS OF 15 MINUTES IN THE COMPUTATION OF THE HOURS SHOWN IN PARENTHESIS. ACCORDINGLY, THE COMPUTATION STATED IN THE LETTER FOR THAT DAY IS NOT CORRECT.

HOWEVER, THE RULE STATED IN THE DECISION OF JUNE 18, 1935, WAS MODIFIED IN THE DECISION OF AUGUST 3, 1944, B-43439, 24 COMP. GEN. 65, TO THE SECRETARY OF WAR, AS FOLLOWS--- WHICH DECISION IS APPLICABLE ONLY FROM AND AFTER ITS DATE:

GENERALLY, EMPLOYEES ARE ENTITLED DURING TRAVEL TIME ON OFFICIAL BUSINESS TO THE SAME COMPENSATION PER DAY THEY WOULD HAVE RECEIVED HAD THEY BEEN ON DUTY AT THEIR REGULAR STATION; THAT IS, THEY ARE REGARDED AS IN A DUTY STATUS DURING THE SAME NUMBER OF HOURS THEY WOULD HAVE WORKED REGULARLY AT THEIR OFFICIAL STATION. 22 COMP. GEN. 636. IN LINE WITH SUCH GENERAL RULE, AND IN THE LIGHT OF THE EXISTING REGULARLY REQUIRED EMPLOYMENT ON SATURDAY--- THE OVERTIME DAY--- I HAVE TO ADVISE THE RULE STATED IN THE DECISION OF JUNE 18, 1935, HEREAFTER WILL NOT BE REGARDED AS PRECLUDING PAYMENT FOR TRAVEL TIME ON SATURDAY OF NOT TO EXCEED 8 HOURS OVERTIME COMPENSATION WHICH WOULD HAVE BEEN PAID TO HIM HAD HE REMAINED ON DUTY AT HIS OFFICIAL STATION. COMPARE 23 COMP. GEN. 904. HOWEVER, FOR TRAVEL TIME ON SUNDAY THE RULE STATED IN 14 COMP. GEN. 907, REMAINS IN FORCE, THAT IS, THE EMPLOYEE IS ENTITLED TO ONLY HIS BASIC RATE OF COMPENSATION FOR NOT TO EXCEED 8 HOURS FOR TRAVEL TIME ON SUNDAY. COMPARE DECISION OF JULY 4, 1944 (B-42854), 24 COMP. GEN. 11. NO DISTINCTION IN THIS RESPECT IS REQUIRED BETWEEN TRAVEL BY COMMON CARRIER AND BY PRIVATELY OWNED CONVEYANCE. (ITALICS SUPPLIED.)

OF COURSE, EVEN UNDER THAT RULE, THE EMPLOYEE WOULD BE ENTITLED TO OVERTIME COMPENSATION FOR TRAVEL TIME FOR ONLY A MAXIMUM OF 8 HOURS DURING THE REGULAR HOURS OF WORK ON SATURDAY, THE SIXTH WORK DAY OF THE WEEK, AND ANY TIME ACTUALLY WORKED (LABORED) DURING THAT PERIOD WOULD REQUIRE A CORRESPONDING REDUCTION IN THE 8 HOURS OF TRAVEL TIME CREDIT FOR WHICH THE EMPLOYEE OTHERWISE WOULD BE ENTITLED TO OVERTIME COMPENSATION. ALSO, THE EMPLOYEE WOULD BE ENTITLED TO OVERTIME COMPENSATION FOR ANY TIME ACTUALLY WORKED (LABORED) EITHER BEFORE OR AFTER THE REGULAR HOURS OF WORK ON SATURDAY, BUT HE WOULD NOT BE ENTITLED TO ANY COMPENSATION EITHER REGULAR OR OVERTIME FOR TRAVEL TIME OUTSIDE THE REGULAR HOURS OF WORK. HENCE, IF THE TRAVEL IN QUESTION HAD BEEN PERFORMED ON OR AFTER AUGUST 3, 1944, THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO 8 HOURS OVERTIME COMPENSATION FOR THE PERIOD 8 A.M. TO 4:30 P.M. DURING WHICH PERIOD HE WAS EITHER TRAVELING OR ACTUALLY LABORING, PLUS 2 1/2 HOURS OVERTIME COMPENSATION FOR THE TIME ACTUALLY WORKED FROM 7:30 P.M. TO 10 (10:30) P.M. ON SATURDAY, A TOTAL OF 10 1/2 (11) HOURS OVERTIME COMPENSATION, AND NO HOURS AT REGULAR RATE OF COMPENSATION.

FOR SUNDAY, APRIL 23, 1944, A NON-WORKDAY, THE RULES STATED IN THE DECISION OF JUNE 18, 1935, AS ABOVE AMPLIFIED, REMAIN IN OPERATION, THAT IS, THERE IS FOR APPLICATION THE RULES FIRST ABOVE STATED FOR COMPUTING COMPENSATION FOR SATURDAY, APRIL 23, 1944, WITHOUT REGARD TO THE RULE STATED IN THE DECISION OF AUGUST 3, 1944. HENCE, FOR SUNDAY, APRIL 23, 1944, THE EMPLOYEE WAS ENTITLED TO HIS REGULAR COMPENSATION FOR TRAVEL TIME FROM 9 A.M. TO 11 A.M., A TOTAL OF 2 HOURS ONLY, AND TO OVERTIME COMPENSATION FOR TIME ACTUALLY WORKED (LABORED) FROM 7:30 A.M. TO 9 A.M. (1 1/2 HOURS) AND FOR THE 7 1/4 HOURS OF LABOR AT THE LITTLE GULL ISLAND LIGHTHOUSE STATION BOTH DURING AND AFTER THE REGULAR TOUR OF DUTY, TOTAL OF 8 3/4 HOURS OF OVERTIME COMPENSATION. ACCORDINGLY, THE COMPUTATION STATED IN THE LETTER FOR THAT DAY IS NOT CORRECT. THE COMPUTATION STATED IN THE LETTER, FOR MONDAY, APRIL 24, 1944, A REGULAR WORKDAY, IS CORRECT. THAT IS, THE EMPLOYEE WAS ENTITLED TO HIS REGULAR COMPENSATION FOR 8 HOURS OF TRAVEL TIME AND ACTUAL LABOR FOR THE PERIOD 8 A.M. TO 4:30 P.M. ON THAT DAY, AND TO OVERTIME COMPENSATION FOR PERIOD 4:30 P.M. TO 5 P.M. OF ACTUAL LABOR BEYOND HIS REGULAR TOUR OF DUTY ON THAT DAY. SEE COMMENTS WITH REGARD TO FRIDAY, APRIL 21, 1944, SUPRA.

ACCORDINGLY, THE QUESTION POSED IN THE CONCLUDING PARAGRAPH OF YOUR LETTER IS ANSWERED IN THE NEGATIVE.